Industrial Relation & OSHA

8/10/2019 Industrial Relation & OSHA

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BSMH2013 HUMAN RESOURCE MANAGEMENT PLK-UUM-ETIQA

TABLE OF CONTENTS

1. INDUSTRIAL RELATIONS.................................................................................2

2. BACKGROUND.................................................................................................2

3. DEFINITION.....................................................................................................2

4. THE ROLES...................................................................................................... 2

5. THREE MAJOR LAWS THAT GOERN MALA!SIA INDUSTRIAL RELATIONS......3

". INDUSTRIAL RELATIONS S!STEMS IN MALA!SIA............................................4

#. WHO NEEDS TO UNDERSTAND THE THEOR! AND PRACTICE OF INDUSTRIAL

RELATIONS$....................................................................................................6

%. OF DEPARTMENT OF INDUSTRIAL RELATION..................................................7

&. SERICES PROIDED B! DEPARTMENT OF INDUSTRIAL RELATION................7

10. PROCESS CLAIMS FOR RECOGNITION OF TRADE UNIONS...............................8

11. PROCESS REPRESENTATIONS FOR REINSTATEMENT.......................................9

12. INDUSTRIAL HARMON!.................................................................................10

13. OCCUPATIONAL SAFET! AND HEALTH..........................................................11

14. BACKGROUND...............................................................................................11

15. THE OCCUPATIONAL SAFET! AND HEALTH ACT 'OSHA( 1&&4.........................11

1". CONTENT OF THE ACT...................................................................................11

1#. SCOPE............................................................................................................11

1%. STATUTOR! ARRANGEMENTS........................................................................11

1&. REGULATIONS 'OSHA-SECTION ""(................................................................12

20. CODES OF PRACTICE.....................................................................................12

21. GENERAL DUTIES.......................................................................................... 12

22. MEDICAL SUREILLANCE.............................................................................13

23. OCCUPATIONAL SAFET! AND HEALTH COMMITTEE.....................................13

'OSHA-SECTION 30(........................................................................................13

INDUSTRIAL RELATIONS ) OCCUPATIONAL SAFET! ) HEALTH|

ASSIGNMENT 1

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24. OCCUPATIONAL SAFET! AND HEALTH 'OSH( OFFICER..................................13

25. NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES.....................13

2". ACCIDENT INESTIGATION...........................................................................14

2#. ENFORCEMENT AND LIABILIT!....................................................................14

2%. THE NATIONAL COUNCIL FOR OCCUPATIONAL SAFET! AND HEALTH...........15

2&. DEPARTMENT OF OCCUPATIONAL SAFET! AND HEALTH 'DOSH(...................15

30. CONCLUSION.................................................................................................15

31. REFERENCE...................................................................................................16


ASSIGNMENT 1

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1. INDUSTRIAL RELATIONS

2. BACKGROUND

Industrial relations/labour relations is a study of relationship between employees and their

employers pertaining to the employees employment or non-employment, terms andconditions of work, grounds of termination of employment, etc. It also refers to the

management of employees welfare and internal communications. Industrial relations

stresses the importance of 3 major areas

!.". #elationship between employers and trade unions

!.!. #elationship between employers and trade unions

!.3. $isciplinary procedures and termination of the employment contract

3. DEFINITION

%he term &Industrial #elations comprises of two terms &Industry and elations.

'Industry( refers to 'any producti)e acti)ity in which an indi)idual *or a group of

indi)iduals+ is *are+ engaged(. y 'relations( we mean 'the relationships that eist within

the industry between the employer and his workmen.( %herefore, industrial relations

eplain the relationship between management and workers, particularly groups of

workers represented by a union and also interactions between employers, employees, the

go)ernment, the institutions and associations through which such interactions are

mediated.

4. THE ROLES

Its role is to strengthen the harmonious relation between the employers and to a)oid any

form of eploitation and discrimination in the workplace or outside of the workplace.

Industrial relations also includes the processes through which these relationships are

epressed *such as, collecti)e bargaining, workers participation in decision-making, and

grie)ance and dispute settlement+, and the management of conflict between employers,

workers and trade unions, when it arises.


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.". INGREDIENTS IN AN INDUSTRIAL RELATIONSHIP

5. THREE MAJOR LAWS THAT GOERN MALA!SIA INDUSTRIAL

RELATIONS

.". E*+,*/ A 1&55

%his act stipulates regulations co)ering all aspects of employment of workers.

0mong pro)isions co)ered are termination, working hours, maternity and sick lea)e

benefits and wage payments. %he pro)isions aim to safeguard against eploitation by

employers. %he specific co)erage including

.".". %o pro)ide minimum benefits for those workers co)ered by the act..".!. %o establish certain rights for employers.

.".3. %o establish certain rights for employees.

.!. I678, R/,87 A 1&"#

%his act regulates the relationships between employers and their workmen through

trade union including

.!.". %o pro)ide and encourages harmonious relation between employers and

employees.

.!.!. %o pro)ide guidelines on collecti)e bargaining between employers andemployees.

.!.3. %o establish procedures for settlement of trade disputes.


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.3. T68/ U7 A 1&5&

%his act establishes the responsibilities of trade unions and their members including

.. %o pro)ide the rules on the right of employees to form, join and participate in

any lawful trade union acti)ities.

.. %o pro)ide the rules on the right of employers to form, join and participate inany lawful employers association acti)ities.

.1. %o establish and promote legislation affecting the interest of the trade union

member.

". INDUSTRIAL RELATIONS S!STEMS IN MALA!SIA

Is recognised as a tripartite system and is made up of 3 groups and 2inistry of uman

#esources act as a president which the role is to o)ersee the o)erall de)elopment of

discussion. %he 3 groups includes4

5mployers and their organi6ations

5mployees and their unions

7o)ernment

1.". M897/6 :6 D77 7 T67+867/ S/*

1.".". 8ational 9abour 0d)isory :ouncil *890:+ which is made up of "

representati)es from employees, " from employers and "! from go)ernment.

1.".!. 2inister of uman #esources will chair the 890: meetings and appoints the

go)ernment representati)es.

1.".3. ;ther representati)es are appointed after consultation from 2alaysian

5mployers 0:?+.

1.".. 2eeting is held twice a year or when there is urgency *eg. to appro)e

amendments to the law+.


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1.!. T9/ N86/ : E*+,*/ O6;87


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1.3. R,/ : E*+,/6 8 T9/76 O6;87,7 /6

#epresented by %he :ongress of =nions in %he >ublic and :i)il

?er)ice *:5=>0:?+

1.. R,/ : E*+,// 8 T9/76 U7

1..". 0n employee has a right under ?ection of the Industrial #elations "@1A to

join a trade union

1..!. %ypes of union

1..!.". P67=8/ /6

#epresented by 2alaysian %rade =nion :ongress *2%=:+. Issues

include minimum wages for workers, cost of li)ing, foreign workers

1..!.!. P>,7 /6

#epresented by %he :ongress of =nions in %he >ublic and :i)il

?er)ice *:5=>0:?+

1.. R,/ : G=/6*/ 7 9/ I678, R/,87 S/*1..". 9egislator through parliament

1..!. 0dministrator-through the 2inistry of uman #esources

1..!.". %o protect the welfare of employees-safety, health and rights

1..!.!. >romote good employer-employee relationship through a stable and

peaceful Industrial #elations system

1..!.3. %o eBuip the unemployed with basic industrial skills and to impro)e

the skill le)el of the workforce

1..!.. %o assist in maimi6ing countrys manpower resources through

manpower planning

1..3. >articipant-by being the largest employer in the country

1..3.". 5mployee in the public, pri)ate and go)ernment sectors

#. WHO NEEDS TO UNDERSTAND THE THEOR! AND PRACTICE OF

INDUSTRIAL RELATIONS$

W6?/6 %o know their rights under the labor law, to be aware of benefits they can

gain by joining a trade union, to understand that there may be certain risks

associated with being a member to a union and they should know to whom


ASSIGNMENT 1

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they could complain if their employer fail to pro)ide them with benefits

pro)ided under the law

M88;/6 I# is important to managers because there is a direct link between

profitability and good industrial relations. ad management will cause

9;C producti)ity, poor morale, conflict, miscommunication, negati)e

attitudes and high turno)er rates as workers lea)e to look for moresatisfying workplaces elsewhere.

L8@/6 %hey are often called upon to represent workers or employees at the

Industrial :ourt or at 9abor $epartment hearings, igh :ourt, :ourt of

0ppeals or


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eBuitable and efficient system for the benefit of those in)ol)ed and the community

at large.

@.!. F87,78/ C,,/7=/ B86;877;

0n in)itation to collecti)e bargaining shall be in writing stating the proposals for

collecti)e agreement. If there arises a deadlock then the department will pro)ideconciliation ser)ices to help resol)e the dispute.

@.3. P6=7/ A=76 S/6=7/

%he department plays an acti)e role in ad)ising both employer, employee and their

respecti)e unions in maintaining a good, positi)e and harmonious relationship

between them. >arties are also ad)ised on the procedures and accepted norms of

good industrial practices to be followed so as to come to a fair and Buick

conclusion to their dispute whether in good or crucial time.

@.. R/,=/ T68/ D7+/

0 %rade $ispute is defined as any dispute between an employer and his workmen

which is connected with the employment or non-employment or the terms of

employment or the conditions of work of any such workmen ". =nder the Industrial

#elations 0ct, "@1A the process of resol)ing trade disputes are as follows

@..". ilateral negotiation between employer and employees.

@..!. :onciliation by the Industrial #elations $epartment.

@..3. 0djudication by the Industrial :ourt.

D78;68*1 P6/ :,@ :6 6/,=7; 68/ 7+/

1?ection ! Industrial #elations 0ct, "@1A


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10. PROCESS CLAIMS FOR RECOGNITION OF TRADE UNIONS

0 trade union has to be recognised by the employer before it can start collecti)e

bargaining. %o obtain recognition, the trade union is to ser)e a claim for recognition upon

the employer in a prescribed form!. %he employer is reBuired to respond within !" days,

either"E.". 0ccord recognition

"E.!. $ecline granting recognition and inform the union the grounds for it, or

"E.3. 0pply to the $irector-7eneral of Industrial #elations to ascertain the

representati)e position of the union and notify the union accordingly.

11. PROCESS REPRESENTATIONS FOR REINSTATEMENT

0 workman who considers his dismissal as without just cause or ecuse may file a claim

for reinstatement within 1E days of his dismissal3.

D78;68* 2 P6/ :,@ :6 ,87*7; :6 6/78/*/

12. INDUSTRIAL HARMON!

It is important to keep the eistence of a peaceful relationship between trade unions

who representing the workers and workers employees. %his is to ensure the followings

are achie)ed4

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"!.".". Increase producti)ityand attract more in)estment opportunities

"!.".!. Corkers are more moti)ated and committed and pre)ent industrial actions

from employees

"!.".3. %o promote the de)elopment of trade union and its members and the employer

to be democratic and responsible"!.".. %o promote and help )oluntarily collecti)e bargaining between the employer

and the employee related to the responsibility, working en)ironment and other

related condition to uphold self-interest of parties

"!.".. %o promote the conduci)e working en)ironment for the purposes of balancing

dispute resolution and to increase high producti)ity between the employer and

the employee

"!.".1. %o cooperate with other interested agencies for the purposes of labour relation

management and to settle disputes towards peace and harmony.

13. OCCUPATIONAL SAFET! AND HEALTH

14. BACKGROUND

0 new 0ct, known as the ;ccupational ?afety and ealth 0ct, "@@ was passed on !


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".3 >owers of enforcement and in)estigation and liability for offences are also clearly

spelt out.

%he abo)e pro)isions result in one comprehensi)e legislati)e framework to deal with the

management of safety and health of )irtually all protection of the public where they may

be affected by the acti)ities of people at work.

1#. SCOPE

0ll 'persons at work( in manufacturing4 mining and Buarrying, construction, agriculture,

forestry and fishing, utilities, transport, storage and communication4 wholesale and retail

trades4 hotels and restaurants4 finance, insurance, real estate and business ser)ices4 public

ser)ices and statutory ser)ices also protected.

1%. STATUTOR! ARRANGEMENTS

8ew pro)isions are made to gradually replace the eisting safety and health pro)isions. It

must be formulated to maintain or impro)e the safety and health standards established byeisting legislation, the objecti)e being not only to rationali6e and update the law but also

to impro)e the standard of protection, it affords to people at work and the public.

1&. REGULATIONS 'OSHA-SECTION ""(

%he 0ct pro)ides a wide regulation-making power to the 2inister that normally be

formulated on the basis of proposals submitted by the 8ational :ouncil for ;ccupational

?afety and ealth after consultation with tripartite organi6ations. #egulations may

prescribe minimum standards or ha)e a general application or they may define specific

reBuirements related to a particular ha6ard or particular type of work.

20. CODES OF PRACTICE

%he 2inister may, upon recommendation from the :ouncil or $irector 7eneral, appro)e

and ga6ette industry codes of practice as guidance in complying with the 0ct. %he

pre)enti)e strategies outlines in a code of practice do not represent the only acceptable

means of achie)ing the standard to which the code refers, but failure is held to be proof of

contra)ention of a reBuirement to which a code applies unless a defendant pro)en

demonstrated compliance.

21. GENERAL DUTIES7eneral duties of employers, employees, self-employed4 and designers, manufactures,

importers and suppliers of plant or substances are clearly defined under the 0ct. %he

main duties are summari6ed as follows

!".". D7/ : E*+,/6

%his applies in particular to the pro)ision and maintenance of a safe plant and

systems of work to safeguard safety and welfare of the employees. 5mployers must

ensure that the work premises and its working en)ironment are safe and without

risks to the health of his employees.


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!".".". S8:/ 8 H/8,9 P,7 'OSHA-S/7 1"(

0 written statement of general policy, organi6ation and arrangements for

safety and health at work, keep it up-to-date, and bring it to the notice of

employees.

!".".!. S8:/ I:6*87 I67 T6877; 8 S+/6=775mployers duty to pro)ide the necessary information, instruction, training

and super)ision in safe practices, including legal reBuirements.

!".".3. D7/ : E*+,/6 O9/6

5mployers must conduct their acti)ities so as to ensure that people other

than their employees such as members of the public, are not eposed to

risks to health and safety.

!".!. D7/ : S/,:-/*+,/ P/6

0 self-employed person has the same general duties to ensure he and other people,

not being his employees, are not eposed to risks to their safety and health resulting

from his undertakings.

!".3. D7/ : D/7;/6 M8:86/6 I*+6/6 8 S++,7/6

%hey must carry out of testing and eamination to ensure that the plants and

substances use are safe and without risk to health.

!".. D7/ : E*+,//

5mployees ha)e a duty under the 0ct to take reasonable care to a)oid injury to

themsel)es or to others by their work acti)ities and to cooperate with employers

and others in meeting statutory reBuirements.

22. MEDICAL SUREILLANCE%he 2inister may through regulations, reBuire medical sur)eillance be carried out for

certain class or industries whose operation may pose risks to health or workers by persons

registered with the $irector 7eneral.

23. OCCUPATIONAL SAFET! AND HEALTH COMMITTEE

'OSHA-SECTION 30(4

0n employer of E or more persons, or when directed by the $irector 7eneral, must

establish a safety and health committee at the workplace. %he committees main function

are as follows

!3.". %o keep under re)iew the measures taken to ensure the safety and health at the

workplace

!3.!. %o in)estigate any safety and health matter brought to attention of employer.

24. OCCUPATIONAL SAFET! AND HEALTH 'OSH( OFFICER

0 competent person must be employ to act as a ?afety and ealth ;fficer, whose job is to

ensure compliance of the 0ct promotion of safe workplace.

4Checklist For Safety & Health Committee eeti!"


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25. NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES5

0n employer must notify the nearest ;? ;fficer of any accident, dangerous occurrence,

occupational poisoning or disease, which has occurred or is likely to occur at the

workplace. If the occurred e)ent was triggered by any of occupational poisoning or

diseases listed in the %hird ?chedule of the


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2#. ENFORCEMENT AND LIABILIT!

0n ;? officer whom appointed by 2inister may enter, inspect and eamine any

workplace upon production of his certificate of authori6ation. If ;? officer disco)ers a

contra)ention of one of the 0ct or its related legislation he may take the following

actions!A.". Issue a prohibition notice to stop the acti)ity-gi)ing rise to the risk, until the

remedial action specified in the notice has been taken.

!A.!. Issue an impro)ement notice if there is a legal contra)ention of any of the rele)ant

statutory pro)isions, to remedy the fault within a specific time.

!A.3. >rosecute any person contra)ening a rele)ant statutory pro)ision, instead of, or in

addition to, ser)ing a notice.

0 person is liable to prosecution if failure to comply with the impro)ement or prohibition

notice which could lead to a maimum find of #2E, EEE or imprisonment for a term not

eceeding years, or both. %he $irector 7eneral of ;? may prohibiting the use of any

plant or substance which is likely to affect the safety and health or persons at work. 0

person who ser)es a notice, may appeal to the $irector 7eneral and may appeal to an

appeal committee appointed by the 2inister if aggrie)ed with a decision of the $irector

7eneral

2%. THE NATIONAL COUNCIL FOR OCCUPATIONAL SAFET! AND HEALTH

%he 8ational Institute of ;ccupational ?afety and ealth *8I;?+ were established in

$ecember "@@!. %he :ouncil shall be appointed by the 2inister to be :hairman of the

0ppeal :ommittee with membership shall not be less than "! or not more than ". %he:ouncil ha)e power to carry out in)estigations in a broad health and safety issues.

8I;? also undertakes the responsibilities of culti)ating and promoting safety and health

culture at the workplace through its training programs, information dissemination,

consulting ser)ices and research.

2&. DEPARTMENT OF OCCUPATIONAL SAFET! AND HEALTH 'DOSH(

5nforcement of ;?0 "@@ in 2alaysia falls under the $;?. $i)isions housed in the

headBuarters are

Industrial ?afety $i)ision

Industrial ealth $i)ision

:o-ordinations and >lanning $i)ision

2ajor a6ards $i)ision

0dministrati)e $i)ision

%he department also has offices in most states in the country. $;? undertakes the

responsibility of enforcing the laws on ;?.


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30. CONCLUSION

It is Buite clear that the acts related to Industrial #elations and ;ccupational ?afety and

ealth stipulate a comprehensi)e set of pro)isions for effecti)e management of safety and

health and relationships among all parties at the workplace. =ndoubtedly, compliance

with all pro)isions of the acts will greatly impro)e the producti)ity of employees,increase profitability of the employers and harmoni6e industrial relationships within the

organi6ations and eternal parties namely other organi6ations, )endors, related

associations.

31. REFERENCE

3".". 8ational Institute of ;ccupational ?afety and ealth *8I;?+,

www.niosh.com.my

3".!. Industrial #elations 0ct, "@1A

3".3. 2alaysian Industrial #elations ?ystem Its :ongruence with the

International 9abor :ode, $r. F. 0nantaraman, 2ultimedia =ni)ersity,:yberjaya

32. ATTACHMENT

3!.". :hecklist for ?afety G ealth :ommittee 2eeting

3!.!. H> A J oisoning and ;ccupational $isease-#egulation !EE

3!.3. ;? :ommittee-a6ard Identification, #isk 0ssessment G #isk :ontrol

%able *I#0#:+

3!.. Corkplace Inspection :hecklist

3!.. #egister of 0ccident, $angerous ;ccurrence, ;ccupational >oisoning and

;ccupational $isease


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Industrial Relation & OSHA